Truck Accident Claims

Everyone who operates a motor vehicle in the province of Alberta is required to abide by the Traffic Safety Act. People who operate large commercial vehicles like trucks are no exception.

Truck drivers are required to obey the rules of the road and exercise caution behind the wheel at all times. By operating their vehicles with an abundance of caution, they could reduce the risk of serious accidents on the province’s roads and highways.

The people who operate large commercial vehicles provide an essential service to countless Canadians. Alberta truck drivers keep communities connected by transporting all manner of goods, supplies, materials, and essential products throughout the province and beyond its borders.

But driving a truck can be a demanding job, requiring physical stamina and heightened awareness of the road. On top of that, truck drivers are also subject to narrow delivery times, tight schedules, and additional pressures associated with their jobs.

Even though Alberta truck drivers are required to adhere to Alberta’s Commercial Vehicle Safety Regulations, to meet the rigorous demands of their jobs, some commercial vehicle operators may try cutting corners in certain aspects of their jobs. They may fail to properly inspect their vehicles at required intervals, ignore important mechanical issues, or drive for longer distances than is recommended.

When truck drivers bend or break the rules of the road, they could endanger the lives of countless other road-users. By failing to comply with their industry’s safety standards or local traffic laws, a truck driver’s negligent actions could have devastating impacts on other drivers, their passengers, motorcyclists, bicycle riders, and pedestrians.

Common examples of truck driver negligence that frequently leads to injury-causing accidents in Alberta include:

  • Fatigued driving
  • Driving under the influence of stimulants, amphetamines, and other illicit substances
  • Texting while driving
  • Eating while the vehicle is in motion
  • Improperly changing lanes
  • Following too closely
  • Exceeding the posted speed limit
  • Driving recklessly
  • Ignoring traffic signs and signals
  • Drunk driving
  • And more

If you were injured in a collision caused by a truck driver’s negligence, you should be entitled to Section B benefits to help you afford the costs of injury-related expenses. However, owing to the large discrepancies in size and weight between large commercial truck and smaller passenger vehicles, the injuries sustained by survivors of truck accidents are often permanent and severe, requiring ongoing, expensive medical care.

Whereas the negligent truck driver who causes a collision may only sustain minor or moderate injuries, the victims of a truck accident could feel the impacts of their collision for the rest of their lives. Injured truck accident victims frequently sustain permanent physical injuries, develop debilitating mental health issues, and incur substantial financial losses. Oftentimes, these losses are related to:

  • Medical expenses
  • Pain and suffering
  • Attendant care
  • Lost wages
  • Reduced future earning capabilities
  • Surgical procedures
  • Chiropractic treatment
  • Dental work
  • Hospital accommodations
  • Psychological counseling
  • Physical therapy
  • Occupational therapy
  • Massage therapy
  • Acupuncture
  • Professional nursing and ambulance services
  • Medically necessary equipment
  • Home and vehicle modifications
  • Mileage to and from medical appointments
  • And more

If you were injured in a collision caused by a truck driver’s negligence, our legal team may be able to help you pursue a civil claim in order to recover the maximum amount of compensation to which you could be entitled. To learn about options for financial recovery that might be available to you, contact us today.

Who Might Be Held Responsible for Truck Accidents in Alberta?

Anyone injured in an Alberta motor vehicle collision should be entitled to Section B benefits, regardless of which party was at-fault for the accident. That means that all injured survivors of the truck accident should be entitled to certain levels of insurance coverage, no matter who was responsible for causing the collision.

In order for an injured truck accident victim to pursue a civil claim for damages, they must be able to prove that:

  • The truck driver owed them a duty of care
  • By engaging in wrongful conduct, the truck driver failed to fulfill that duty of care
  • As a result of their wrongful actions, a collision occurred
  • The collision caused the accident victim to sustain injuries

When collisions between large commercial trucks and smaller passenger vehicles, it is often clear which driver was responsible for the accident occurring. However, when it comes to truck accident claims, other parties could be liable for an injured survivor’s damages, as well.

In the context of a truck accident, both the negligent truck driver who caused the accident and the trucking company that employed them could be considered to be partially at-fault for the accident.

While the truck driver might have engaged in negligent behaviour on the road, their employer might have been negligent in a number of other ways. The trucking company may have failed to properly train or supervise the driver, or may have continued their employment even if they were aware the driver had a history of unsafe driving. The trucking company could have failed to properly maintain the truck, or could have assigned a delivery schedule that their driver could not complete without speeding or foregoing proper rest breaks. If the trucking company’s contributory negligence is found to have contributed to the accident, they may be liable for damages incurred by injured survivors.

In Alberta, the law recognizes the principle of proportionate liability, which means that liability for damages is apportioned based on each party’s degree of fault. This means that the trucking company may be held partially responsible for the damages incurred by the survivors, along with the driver. Trucking companies are also vicariously liable for the negligence of their drivers as a matter of public policy.

Book Your Free Initial Consultation with Our Legal Team

At Preszler Injury Lawyers, all prospective clients receive a free initial consultation. On top of that, our truck accident lawyers work on a contingency-fee basis, which means our clients do not pay unless we win their cases. To learn more about how our legal team may be able to help you get the compensation you deserve, call us today and schedule your free initial consultation.

 

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